Wek v. DeRosa

Filing 40

ORDER That Magistrate Judge's Report and Recommendation (Doc. 38 ) is accepted and adopted by the Court; That the First Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Doc. 17 ) is dismissed without prejudice for failure to prosecute; and That the Clerk of Court shall terminate this action. Signed by Judge Steven P Logan on 8/14/2015. (KMG)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8

William Wek,

9
10

Petitioner,
vs.

11
12
13
14

Jon M. Gurule,
Respondent.

)
)
)
)
)
)
)
)
)
)
)
)

No. CV-15-00103-PHX-SPL
ORDER

15

Petitioner William Wek has filed a First Amended Petition for Writ of Habeas

16

Corpus pursuant to pursuant to 28 U.S.C. § 2241 (Doc. 17). The Honorable James F.

17

Metcalf, United States Magistrate Judge, issued a Report and Recommendation (“R&R”)

18

(Doc. 38), recommending that the Court dismiss the amended petition. Judge Metcalf

19

advised the parties that they had fourteen (14) days to file objections to the R&R and that

20

failure to file timely objections could be considered a waiver of the right to obtain review

21

of the R&R. (Doc. 38 at 7) (citing 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72; United

22

States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)).

23

The parties did not file objections, which relieves the Court of its obligation to

24

review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149

25

(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is

26

not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must

27

determine de novo any part of the magistrate judge’s disposition that has been properly

28

objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-

1

taken. The Court will adopt the R&R and dismiss this action. See 28 U.S.C. § 636(b)(1)

2

(stating that the district court “may accept, reject, or modify, in whole or in part, the

3

findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The

4

district judge may accept, reject, or modify the recommended disposition; receive further

5

evidence; or return the matter to the magistrate judge with instructions.”). Accordingly,

6

IT IS ORDERED:

7

1.

8
9
10

That Magistrate Judge’s Report and Recommendation (Doc. 38) is

accepted and adopted by the Court;
2.

That the First Amended Petition for Writ of Habeas Corpus pursuant to 28

U.S.C. § 2241 (Doc. 17) is dismissed without prejudice for failure to prosecute; and

11

3.

That the Clerk of Court shall terminate this action.

12

Dated this 14th day of August, 2015.

13
14

Honorable Steven P. Logan
United States District Judge

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2